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MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......olquhoun Vs. Brooks (1889) 14 App. Case 493 (496), Canada Sugar Refining Co Vs. R (1898) AC. 735 (74). Lawyers Involved: Mostafa Neaz Mahmood with Hamida Chowdhury and Aftabuddin, Advocates—For the Petitioner. M Qumrul Haque Siddique with Joy Rahman, Advocates—For the Respondents. W......from the plain meaning of the words used in the statute but also from a consideration of the social conditions which occasioned the making of that particular law and the mischief which it was made to remedy. A long title and the preamble of a statute undoubtedly elucidate the intent and design of th..Category: Civil Law | Date: | Hits: 131
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....ent of Taka 5 (five) lac is too meagre to be considered as a guideline for initiating bankruptcy proceeding against a debtor by the financial institution or the bank. Mr. Razzaque also argues, in the alternative, that the Bankruptcy Act and the Artha Rin Adalat Ain, 2003 should be construed to be on......, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 41 DLR (AD) 41. Lawyers Involved: Abdur Razzaque with Shahin Ahmed. Advocate — For the Petitioner. Shamim Khaled Ahmed with Syed Hasan Zobair, Advocate—For Respondent Nos. 2 a...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....e cognisance of an offence in respect of a case which is exclusively triable by a Court of Session on the basis of a naraji petition. According to him, in respect of such cases, the Magistrate has no alternative but to send the record of the case to the Court of Sessions for passing appropriate orde......ar alias Maina Vs. State, 1984 BLD (AD) 206; Abdur Rahman Vs. State, 29 DLR (SC) 256; Bangladesh Vs. Yakub Sardar and others, 40 DLR (AD) 246. Lawyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ntainable as the petitioners cannot invoke both the jurisdictions for the same relief. (c) Rule in Writ Petition No. 2746 of 1997 is liable to be discharged for failing to invoke or exhaust the alternative statutory remedy by way of appeal before the Press Appellate Board as provided under sec...... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 2......ioners cannot invoke both the jurisdictions for the same relief. (c) Rule in Writ Petition No. 2746 of 1997 is liable to be discharged for failing to invoke or exhaust the alternative statutory remedy by way of appeal before the Press Appellate Board as provided under section 12A of the Printi..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......Bhajan Lal and others, AIR 1992 (SC) 604; Messrs Pepsi Foods Ltd and another Vs. Special Judicial Magistrate and others, AIR 1998 (SC) 128. Lawyers Involved: Mahmudul Islam with Probir Neogi—For the Petitioner. Abdur Rezaque Khan, Additional Attorney-General—For the Respondents. Wri......et aside the judgment passed by the High Court and quashed the complaint and proceeding against the appellants. 23. The learned Additional Attorney-General, however, contends that the petitioner's remedy lies under section 561A of the Cr.P.C. Contradicting his contention, Mr. Mahmudul Islam submi..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....he opposite parties to include Taka 1,70,50,000 in the total amount of compensation to be paid for the land but the opposite parties did not pay any head to it and being helpless and finding no other alternative the plaintiff-petitioners had to institute the suit in question. After filing of the sui......…..Petitioners Vs. Chairman, RAJUK & others.................................Opposite-Parties. Judgment November 15, 2005. Lawyers Involved: Md. Abul Hossain Azadi, Advocate—For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Re......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......s (In all the cases) Vs. Kamrun Nahar and 5 anothers........................Respondents Judgment December 5, 2010. Case Referred To- Ms. Shivanandan Vs. Karnataka State Road Transport Corporation (1980) 1 SCC 149. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney ......to force of the Rules of 2000. On perusal of these rules, we find that these rules have prospective operation. The legislature has full power to make a law retrospective so as to destroy a right or a remedy altogether but this must be expressly laid down or this result must flow by necessary implica..Category: Employment/Service Law | Date: | Hits: 91
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....e submitted that the due process comprises the exercise of the discretion of the Judge in coming to any decision in any given case and that when the legislature prescribes a mandatory sentence and no alternative is given the power of exercising due process is minimized. By way of example he referred......inistry of Health and Population Control and others, 33 DLR (AD) 201; Mithu Vs. State of Punjab, AIR 1983 (SC) 473; Roberts Vs. Louisiana 428 US 325; Lockett Vs. Ohio, 438 US 586 (1978); Furman Vs. George, 408 US 238; Bachan Singh Vs. State of Punjab, AIR 1980 (SC) 898; State of U.P. Vs. Dharmendra ......led by judgment and order of the Appellate Division and also a review of that decision on behalf of the petitioner was unsuccessful. He submitted that it is well settled that having exhausted all the remedy under the act the matter cannot be reopened. In support he has referred to Kanai Lal Sethi Vs..Category: Criminal Law | Date: | Hits: 128
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......DLR (1999) 235. ......consistent decisions of both the Divisions of the Supreme Court we hold that the present Rule obtained under section 115 of the Code of Civil Procedure is not maintainable. The petitioner cannot seek remedy in such a proceedings. In view of the consistent decisions of both the Divisions of the Su..Category: Civil Law | Date: | Hits: 108
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....tor General BSTI, respondent No. 3 recommended withdrawal and reconsideration of the aforesaid order of cancellation of the appointment of the petitioner but without any result and so having no other alternative the petitioner moved this Court. The petitioner also filed supplementary affidavit dated......fazzul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rvation by BOGMC cannot, for the growing need of gas for power generation or fertilizer production be worthy of it, and, hence, opting for PSCs to accelerate the exploration activity is an acceptable alternative that can meet the volume of exploration required to ensure continuity in the supply of e......6 SC 11); Delhi Bar Association Vs. Union of India 13 S.C.C. (628); A. Satyanarayana Vs. S. Puroshotham (2008 SCC 5 416); M.P. Oil Extraction Vs. State of Madhya Pradesh (1997 7 SCC 592); Ugar Sugar Works Ltd. Vs. Delhi Administration and others (2001 3 SCC 635); State of Punjab Vs. Ram L Bagga &......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......ecretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cases Referred To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For th......t, collected during enquiry and thus he submits that the said satisfaction therefore must be objective one based on definite materials. 10. He finally submits that there being no other efficacious remedy for the petitioner the writ petition will lie. He contends that in the impugned order vide no..Category: Criminal Law | Date: | Hits: 78
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ess the total income of the assessee for the assessment year in question. On a close scrutiny of the provisions of section 23 it appears that once a proceeding is initiated by the DCT he has no other alternative but to assess the total income of the assessee under section 23 and complete the assessm......accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ...... Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore...... which an application for pre-arrest or anticipatory bail can be considered under Section 498 of the Code of Criminal Procedure. We wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and e..Category: Criminal Law | Date: | Hits: 100
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......also Reported in: 53 DLR (HCD) (2001) 599. ...... “On considering these decisions vis-a-vis the facts of the case before us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....the conviction reached finality by the pronouncement of the last Court these contentions have become academic. 11. The point next argued by Mr. Nabi is of paramount importance. It is argued in the alternative that the disqualification as contemplated under Article 66(2)(d) of the Constitution wil......nand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur Muhammad & others Vs. Moulvi Mainuddin Ahmed and others 39 DLR (AD) 1;......e taken to be the starting point for the disqualification to operate against any Member of the Parliament, inasmuch as, such a construction would undermine the right of the convict Member to seek his remedy by approaching the final Court in the hierarchy by way of appeal or revision and the leave pe..Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ...... Sultan Mia (Md.)....................Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—...... to the present possession of the property; but, subject to the result of such suit (if any), the order shall be conclusive.” 13. Rule 100 of Order 21 of the Code of Civil Procedure provides the remedy for a person who is himself not a judgment debtor but who has been dispossessed on account of..Category: Property Law | Date: | Hits: 82
.... loan from one Non-Government Organisation namely Manabik Shahajja Sangstha and is working in a sweater factory at Mirpur, Dhaka, and that since issuance of the Rule till date she was not offered any alternative accommodation by the Government and that the basti people should not be evicted without ......HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.........Petitioners
Vs.
Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents.
Judgment
April 29, 2001.
Cases Referred To-
Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56.
Lawyers Involved:
AFM ......ance of the tender of the petitioners, only a contractual relationship was established between the two parties and their corresponding rights and obligations being only contractual, the extraordinary remedy under the writ jurisdiction of this Court has got no manner of application in the present cas..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......Company Limited and another, 35 DLR 293; Nandan Pictures Ltd. Vs. Art Pictures Ltd. and others AIR 1956 Cal 428. Lawyers Involved: Fakir Shahabuddin, Abdur Rab 1 and Abdul Halim, Advocates — For the Appellant. Mohammadullah, Advocate — For Respondent No. 2 Nurul Islam, Advocate — F...... the status quo of the plaintiff as to its status as a consumer of gas for industrial purpose goes back to 19-4-77, and it was continuing to enjoy the said status till it was disconnected. The proper remedy for mandatory injunction in terms of section 55 of the Specific Relief Act, seems to be attra..Category: Others | Date: | Hits: 132
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